Transportation Cabinet v. Caudill

OPINION

THOMPSON, Judge.

The Kentucky Transportation Cabinet (Cabinet) appeals from an order of the Franklin Circuit Court granting the Kentucky Personnel Board’s motion to dismiss. For the reasons stated herein, we affirm.

On January 11, 2005, James Caudill, a Highway Equipment Operator IV with the Cabinet, and Tony Todd, a private sector employee, interviewed for the position of Superintendent I with the Cabinet. Following the interview process, Todd received the appointment. After Todd’s appointment, Caudill filed an appeal to the Personnel Board, alleging the Cabinet’s decision was…